Adultery

Priyanka Arora (Querist) 01 August 2018 This query is : Resolved
Why women are not prosecuted in adultery cases?

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Guest (Expert) 02 August 2018
Because in India judge ke phta ti he.

Asgher Mahdi (Expert) 02 August 2018
I think is inequality to spare the wife in act of adultery as she is equally responsible for such act. In fact, the same question why not she should be punished since my college days I was rising but not got satisfactorily answer.Let us wait now I believe a PIL is being just file before the ,SC in this matter and watch how the court react.
Similar to your query another injustice is done to male fork in matter of Dowry Cases which most of the cases file has proved to be false, wherein the women will file a false complaint against her husband, in laws. The question before the police and our Evidence Act that a mere complaint is lodge by a women the Station House Officer has not option except to arrest those alleged persons and produced before the court. Thereafter, they will come out on bail after proving their innocence.The fact being that , they arrested for a just complaint and lose their moral in society, then why not these Evidence Law section need to be looked and a provision should be introduced that the Station House Officer shall only arrest upon finding the reality by application of his/her mind on the alleged complaint then release.

Guest (Expert) 02 August 2018
Read my latest article on the same topic.

K Rajasekharan (Expert) 02 August 2018
The constitutional bench of the Supreme Court started hearing the issue of adultery yesterday onwards and the matter will be settled soon.

Yesterday, a write up on legalities of adultery was published by me here on this site at http://www.lawyersclubindia.com/articles/Adultery-and-related-issues-in-criminal-law-9249.asp

Guest (Expert) 03 August 2018
Yesterday 2nd August 2018 in Supreme Court A five Judge constitution Bench headed by Chief Justice Dipak Misra made the observation while hearing the validity of the penal law,which makes adultery an offence punishable only for men and not the consenting women.

Guest (Expert) 03 August 2018
Advocate Mr.Kaleeswaram Raj clarified that he was seeking to strike down the provisions as unconstitutional and looking to make the provisions gender neutral.

Guest (Expert) 03 August 2018
Senior Counsel Meenakshi Arora said Most Countries have done away with adultery as a criminal offence including Bhutan,Srilanka, China and SouthKorea